MOHD. TABSIR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant vide the present appeal assails the impugned judgment dtd. 28/2/2020 and the impugned order on sentence dtd. 11/3/2020 of the Court of the learned Additional Sessions Judge-05, POCSO, Saket Court in FIR no. 527/2013 PS Mehrauli, whereby the appellant has been held guilty and has been convicted under Sec. 354 of the Indian Penal Code, 1860 and Sec. 10 of the POCSO Act, 2012 and has been sentenced to undergo rigorous imprisonment for a period of six years for commission of the offence punishable under Sec. 10 of the POCSO Act,2012 and a fine of Rs.20,000.00 and in default to undergo rigorous imprisonment for a period of 30 days submitting inter alia to the effect that he has been falsely implicated in the case.

(2.) Along with the appeal was Crl.M.B.No. 1162/2021 filed by the appellant seeking suspension of sentence during the pendency of the appeal. Vide order dtd. 16/9/2021, it being the first appeal, the same was admitted for hearing. The Trial Court Record was directed to be requisitioned in the e-form and the physical form and the Trial Court Record has since been received. Vide order dtd. 16/9/2021, notice of the appeal was also directed to be issued to the prosecutrix through the Investigating Officer to be represented either herself or through her authorized representative, on taking of steps by the appellant.

(3.) Vide order dtd. 10/11/2021 it is indicated that the Investigating Officer SI Prem Kumar joined the proceedings through Video Conferencing and submitted that the prosecutrix had not joined the proceedings as her mother had informed that she wanted the prosecutrix to be married and they did not intend to pursue the matter any further nor qua the aspect as to whether there was any further sentencing or not.